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2021 Supreme(Guj) 1087

BIREN VAISHNAV
NARENDRASINH VIRENDRASINH JADAV – Appellant
Versus
COLLECTOR - PANCHMAHAL – Respondent


Advocates Appeared:
For The Appellant :MR MEHUL S SHAH, SENIOR ADVOCATE WITH MR VISHAL C MEHTA
For The Respondent: MR MEET THAKKAR, ASST GOVERNMENT PLEADER, MR HARDIK C RAWAL, MR UM SHASTRI, MRS MH RAWAL

JUDGMENT :

1. Rule returnable forthwith. Mr. Meet Thakkar, learned AGP appearing for respondent State and Mr. Hardik Rawal, learned advocate appearing for respondent no. 4 waive service of notice of rule.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the impugned order dated 19.03.2015 passed by the Collector rejecting the request of the petitioner for compensation of the lands acquired for the roads under the gram panchayat on the ground that the request for compensation is belated.

3. Mr. Mehul Shah, learned Senior Counsel appearing with Mr. Vishal Mehta, learned advocate for the petitioner submitted that in the year 2005 a measurement was done and the measurement sheet recorded the land which was acquired for the road. He would invite the attention of the court to various communications of the years 2008 to 2010 apropos his representation wherein the Executive Engineer of the Panchayat Division, Godhra responded to his request by saying that the competent authority that can decide on the question of compensation is the gram panchayat and not the concerned authority.

3.1 Mr. Shah further submitted that on 16

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